Indian Penal Code, 1860, Section 300, 302, Arms Act, 1959, Section 27, Evidence Act, 1872, Section 3, 8 -- Murder - Motive - Accused shooting deceased in head, by gun - Admittedly enmity between parties providing accused motive to accused - All witnesses has not been contradicted on material points in any manner particularly with respect to time of occurrence and place of..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - For application of S.300 Cr.P.C., same offence should have been tried earlier and it makes no difference if the facts were same in respect whereof earlier trial was held and subsequent trial was sought to be undertaken in respect of different offence...........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Daughter and son of deceased aged 9 and 6 years respectively - Witnesses categorically stated that her father used to doubt character of appellant mother - Accused mixed sleeping pills in milk, as result of which her father fell asleep - Co-accused inflicting first blow..........
Indian Penal Code, 1860, Section 300, 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - Extra marital affair between wife and contractor forming motive to kill deceased-husband - Accused mixed sleeping pills in milk, as result of which deceased fell asleep - Both accused assaulting deceased with axe resulting in his death - Daughter and son of deceased aged..........
Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20(2), Prisons Act, 1894, Section 48A, 59 -- Double jeopardy - In the instant case, remission of prisoner was cut and he was removed from post of convict overseer and he was made overstay of furlough leave - Said act does not amount to double jeopardy as condition precedent for applying..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - In case a decree for damages is passed in civil suit then it does not stand in the way for pursing criminal proceedings for defamation...........
